ASHA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner has challenged the validity of condition No. 4 in the Government order dated 2.8.2000 and condition No. 10 in the Government order dated 4.1.2001, whereby the petty diesel dealers are required to obtain supply of diesel oil in drum and conduct the sale also from drums only.

(2.) The petitioner is owner of a tanker and transports high speed diesel oil through her tanker. Her grievance is that if the petty diesel dealers are required to obtain sell diesel in drums only, her business will be affected.

(3.) The Parliament has enacted Essential Commodities Act. 1955, (in short the 'Act'). It provides for control of production, distribution and supply, etc. of certain commodities including the high speed diesel oil. Section 3 of the Act empowers the Central Government to make Control Orders while Section 5 of the Act provides for delegation of power to the State Government to make Control Orders. The State Government of U.P. under the delegated powers, has issued several control orders including control orders for high speed diesel oil and light diesel oil known as U.P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supply and Distribution) Orders, 1981 (in short the 'control orders'). The licence is granted to the persons engaged in the business of high speed diesel oil under aforesaid control orders. The licence contains other terms and conditions to which a licensee has to adhere.